10 CFR 26, Fitness for Duty Programs

Forms and Documents

Document Name	Status
Form NRC Form 890 10 CFR 26, Fitness for Duty Program Form	Modified
Nonsubstantive change request NRC Form 892 Annual Fatigue Reporting Form.docx Justification for No Material/Nonsubstantive Change	2024-12-02

IC Document Collections

IC ID	Document Title	Status
33422	10 CFR 26, Fitness for Duty Program Form	Modified

ICR Details

OMB Control No: 3150-0146	ICR Reference No: 202412-3150-002
Status: Received in OIRA	Previous ICR Reference No: 202408-3150-001
Agency/Subagency: NRC	Agency Tracking No:
Title: 10 CFR 26, Fitness for Duty Programs
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/03/2024

	Requested	Previously Approved
Expiration Date	11/30/2027	11/30/2027
Responses	324,646	324,646
Time Burden (Hours)	540,050	540,050
Cost Burden (Dollars)	20,370	20,370

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Abstract: The NRC regulations in 10 CFR part 26 prescribe requirements to establish, implement, and maintain FFD programs at affected licensees and other entities. The objectives of these requirements are to provide reasonable assurance that persons subject to the rule are trustworthy, reliable, and not under the influence of any substance, legal or illegal, or mentally or physically impaired from any cause, which in any way could adversely affect their ability to safely and competently perform their duties. These requirements also provide reasonable assurance that the effects of fatigue and degraded alertness on individual’s abilities to safely and competently perform their duties are managed commensurate with maintaining public health and safety. The information collections required by 10 CFR part 26 are necessary to properly manage FFD programs and to enable effective and efficient regulatory oversight of affected licensees and other entities. These licensees and other entities must perform certain tasks, maintain records, and submit reports to comply with 10 CFR part 26 drug and alcohol and fatigue management requirements. These records and reports are necessary to enable regulatory inspection and evaluation of a licensee’s or other entity’s compliance with NRC regulations, FFD performance, and significant FFD-related events to help maintain public health and safety, promote the common defense and security, and protect the environment. When the most recent renewal was submitted (8/1/2024), the NRC Form 892 was inadvertently left out of the ROCIS upload. However, the form was properly publicly noticed for comment in both the 60-day and 30-day Federal Register Notices and made available for public review on the docket (NRC-2023-0169). In addition, no changes were made to the form were made since the form was submitted with the previous renewal in March 2021 (approved 9/29/2021). The purpose of this nonsubstantive change request is to include the NRC Form 892 in the Part 26 clearance.

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Authorizing Statute(s): PL: Pub.L. 83 - 703 68 STAT 919 Name of Law: Atomic Energy Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 38195	05/07/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 62805	08/01/2024
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
10 CFR 26, Fitness for Duty Program	NRC Form 891, NRC Form 890, NRC Form 892	Single Positive Test Form ,   Annual Reporting Form for Drug and Alcohol Tests ,   Annual Fatigue Reporting Form

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	324,646	324,646	0	0	0	0
Annual Time Burden (Hours)	540,050	540,050	0	0	0	0
Annual Cost Burden (Dollars)	20,370	20,370	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $363,925

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Yes

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/03/2024

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